BAILEY v. AIRGAS-INTERMOUNTAIN, INC.

No. 09CA1125.

250 P.3d 746 (2010)

James BAILEY, Nancy Bailey, Rhonda Busch/Morgan, Ronald Morgan, Gary Galloway, Judith Galloway, John Gorton, Karla Gorton, Howard Dwight Sanders, and Linda Sanders, Plaintiffs-Appellants, v. AIRGAS-INTERMOUNTAIN, INC.; Dennis Schaefers, Airgas District Sales Manager; Glen Austin, Airgas General Sales Manager; Kathy Garner, Airgas Director of Safety; and Ted Naanes, Airgas Assistant Director of Safety, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 17, 2010.


Attorney(s) appearing for the Case

Freeman & Freeman, P.C., Martin H. Freeman , Aspen, Colorado; Kathy Goudy, Carbondale, Colorado, for Plaintiffs-Appellants.

Holland & Hart LLP, Scott S. Barker , Jonathan S. Bender , Denver, Colorado, for Defendants-Appellees.


Opinion by Judge WEBB.

This case presents an issue of summary judgment practice unresolved in Colorado: when a trial court properly rejects a C.R.C.P. 56(f) affidavit, may the court simultaneously enter summary judgment, or must it first afford the nonmovant an opportunity to address the merits of the motion? We conclude that although a trial court may collapse its denial of C.R.C.P. 56(f) relief into entry of summary judgment, such action is reviewable for an abuse...

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